"No revision where right to appeal exists". Comment and state when revision may be treated as an appeal?

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2021
"No revision where right to appeal exists". Comment and state when revision may be treated as an appeal?

Answer & Explanation:

Section 401(4) of the Code of Criminal Procedure, 1973 (Cr. P.C.), provides that the party having right of appeal cannot apply for revision. The Cr. P.C. provides a remedy, by way of revision under Chapter XXX and if the party does not file an appeal against an order of the inferior criminal Court, he will not be permitted to prefer a revision against that order. But legal bar does not stand in the way of High Court's exercise of power of revision suo motu. It can itself call for the records of proceedings of any inferior criminal Court and has power to enhance the sentence by exercising its revisional jurisdiction. According to section 115(2) the Code of Civil Procedure, 1908, the High Court shall not, under section 115, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto. According to section 401(5) if an appeal lies under the Code of Criminal Procedure, 1973 but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interest of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.

Topics: Civil Procedure Code / Criminal Procedure Code

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